February 13, 2023
Bound by Dow Corning, which permitted nondebtor releases, the Sixth Circuit had to explain why the same releases are not permissible in equity receiverships.
October 26, 2022
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
October 19, 2022
Waiting four years to raise discharge as a defense does not invoke equitable estoppel or laches.
October 17, 2022
A creditor can’t be compelled to arbitrate the validity of a claim before the bankruptcy court decides whether the involuntary petitioner’s claim is subject to a bona fide dispute.
September 7, 2022
Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.
August 22, 2022
In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).
August 15, 2022
Res judicata can bar a claim in a later lawsuit if it wasn’t raised in bankruptcy court, given a bankruptcy court’s broad jurisdiction.
July 29, 2022
Congress left a gap in the statute for perfecting a tax lien on personal property against someone who has no ascertainable residence.
May 9, 2022
To establish constitutional standing to appeal, an appellant must seek to overturn the order below, the Sixth Circuit BAP says.
April 8, 2022
Due process considerations mean it’s not harmless error if a debtor was denied standing improperly.